Back injuries are common in car accidents and slip-and-fall occurrences that result in personal injury claims. However, because back injuries can range from strains and sprains to spinal cord injuries and paralysis, you must establish the settlement value of each claim on an individual basis. However, there are specific common standards to follow. Significantly, you can read this article to learn more about damages and the multiplier function for a personal injury insurance settlement.
· Compensable losses determine the value of a back injury claim
Typical compensation for a back-injury claim comprises economic and non-economic losses the injured party suffered. Let’s take a deeper look at damages in a typical back injury case and other possible avenues of financial recovery.
· Economic Damages
Economic damages are quantifiable out-of-pocket or cash losses caused by the injury. Monetary damages in a back-injury claim may include:
- Past and future medical bills: These will differ depending on the severity of your injury. A back injury may necessitate surgery to repair a herniated disc, MRIs, and other diagnostic testing. In cases requiring long-term injuries or paralysis, the cost of future medical care increases.
- Income loss and reduced earning capacity: You are entitled to compensation for any lost income and any future impairment in your ability to make revenue in a back-injury claim. Lost income damages are often calculated by comparing your pay stubs, invoices, and other financial records to the amount of work you missed, including sick or vacation time. However, proof of lost future income frequently necessitates the presence of an expert. He analyzes your predicted earnings and the impact your back ailments will have on your ability to undertake any employment. (1)
· Non-Economic Damages
Non-economic damages cover non-monetary losses resulting from your back injuries, which aren’t always easy to quantify. These are some examples:
- Pain and suffering: A pain multiplier is frequently employed to calculate pain and suffering damages in a back injury case. A fixed figure will increase your economic damages, medical expenditures, and missed payments (between 1.5 and 5). However, in circumstances of significant harm, the multiplier may be substantially greater.
- Emotional distress: emotional distress damages may be assessed independently or reimbursed as part of pain and suffering.
- Loss of consortium is a legal term used to file a case to claim the impact an injury has made on a relationship or companionship or support lost during the accident. Due to this, the victim cannot have a healthier wholesome life.
4. Punitive Damages: You may grant punitive damages in a back-injury case in exceptional circumstances. However, there must be evidence that the defendant’s behavior or omission in causing the accident was more than negligence. Even then, punitive damages usually are only granted after the matter has gone through a full civil trial and a jury has decided that punitive damages are warranted. The defendant’s behavior must be so outrageous or flagrant that additional damages are justified—not to compensate the back-pain victim but to punish the defendant’s behavior. (2)
· Other Factors Affecting the Value of a Back-Injury Claim
While the degree of injuries is an essential aspect in assessing the value of a back injury claim, two other factors can significantly influence the amount of compensation recovered through settlement or jury judgment.
- Comparative/Contributory Negligence: If you share any degree of guilt for the accident that caused your back injury, you will receive no compensation under the “contributory negligence” state. In most states, a distinct concept is known as “comparative negligence” applies, and you may be able to claim compensation if the other party was at least 50% or 51% to blame. The amount of responsibility will typically lower the damages award you bear (for example, if you are found to be 20% at blame, you will only receive 80% of your total damages).
- Failure to Mitigate Damages: Following an accident, you must take reasonable steps to limit your damages. Assume you have a back sprain, and your doctor prescribes a compression brace to wear for up to 12 hours per day. However, you do not wear the brace (the defendant can prove you never even picked it up from the pharmacy), and your injuries worsen. Since you could have taken reasonable steps to remedy your injuries but chose not to, the defendant will probably be held liable for a portion of your damages.
· Are Back Injuries Hard to Prove in A Lawsuit?
Particular sorts of back injuries can be challenging to prove in court. You cannot detect sprains and other “soft-tissue” back injuries with x-rays or other diagnostic imaging procedures. These injuries must be diagnosed using physical examination and more subjective criteria. However, some back ailments can be objectively diagnosed using x-rays or an MRI. These kinds of cases are simpler to prove in court.
Statistics, sample settlements, and jury judgments can help you determine the range of value for your case. However, they are only the beginning of the investigation. Prior cases and statistics cannot forecast the value of your case. Furthermore, there is no compensation calculation for back injuries, and unfortunately, there are many variables in the mix to identify the reasons for those findings. However, if you’re thinking about making a back injury claim after an accident, your best first step might be to discuss your options with an attorney.
Speaks from heart, always too passionate and driven by emotions. Spins the words with kindness & sharpness, intriguing your ever-inscrutable minds.